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THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Barun Basumatary, S/o. Sri Gautam Basumatary – Appellant
Versus
Bodoland Territorial Council (BTC) represented by its Principal Secretary, Kokrajhar – Respondent
| Table of Content |
|---|
| 1. procedural history and factual foundation of the tender dispute. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. review of the petitioner's grievances and respondent's administrative justification for cancellation. (Para 8 , 9 , 10) |
| 3. statutory mandate requiring mineral concessions to be granted exclusively through e-auction. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. legal nature of a provisional letter of intent and the requirement for a concluded contract. (Para 18 , 19 , 20 , 21) |
| 5. scope of judicial intervention in administrative tender cancellation processes. (Para 22 , 23) |
| 6. final determination on the merits of the writ petition and directions for restitution of funds. (Para 24 , 25) |
JUDGMENT :
MANISH CHOUDHURY, J.
Heard Ms. D. Das, learned counsel for the petitioner; Ms. N. Choudhury, learned Standing Counsel, Bodoland Territorial Council [BTC]; and Mr. R.R. Gogoi, learned Standing Counsel, Environment & Forest Department.
2. The instant writ petition under Article 226 of the Constitution of India is filed to assail a decision conveyed by the respondent no. 2 to the respondent no. 3 vide an Office Letter no. BTC/Forest-27/2025/70 dated 24.12.2025.
3. The facts which are not
Point of Law : Petitioner is not entitled to seek a direction to the respondent authorities to settle the Mining contract Area no. 1 in his favour just because he was the lone bidder and had emerged ....
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
Section 2(b) of 2017 Act provides “bidder” means any person, company, firm, agency, institution, etc. participating in a procurement process of a procuring entity for procurement of any Goods, Works ....
The main legal point established in the judgment is the importance of complying with the provisions of the Odisha Minor Mineral Concession Rules, 2016, particularly Rule 27 (10), and the need to ensu....
The rejection of technical bids based on arbitrary grounds was unjustified, necessitating a fresh tender process due to the flawed evaluation and lack of two qualified bidders.
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